1. The petitioner herein has challenged the order of the Principal District Judge, Navsari passed on 27.08.2010 below Exh.5 in Regular Civil Appeal No.30 of 2011 arising from the judgment, order and decree passed in Regular Civil Suit No.151 of 2003 dated 27.08.2010.
2. Decree of eviction has been passed against the present petitioner and appeal is preferred challenging the same, as the petitioner had been directed to hand over the possession of the suit premises to the respondent within a period of three months from the date of decree as also to pay the mesne profit at Rs.1,000/- per month till possession is handed over to the respondents. In the application for interim injunction preferred by the petitioner to stay of the execution, implementation and operation of the Judgment, order and decree passed by the District Court in pending appeal.
The Court denied to grant of stay in such application and rejected the same vide its order dated 17.03.2012.
3. Learned Advocate Mr.Zubin Bharda urges this Court, in the event of appeal being admitted and, injunction application being denied, the appeal would become infructuous. He further urges that it would also defeat the right of the party to get the dispute adjudicated by the Higher Forum and therefore, there is a need to either direct hearing of appeal expeditiously and/or to grant stay as requested for. He fairly admitted that the request will be made to the Appellate Forum to expeditiously hear the appeal and consider the time schedule as may be fixed by this Court for the said purpose.
Since, the appeal is pending before the Appellate Forum, it would be pre-matured for this Court to interfere. Instead of entertaining this petition and deciding the legality and propriety of the order of the Appellate Court passed below Exh.5, it would be desirable to direct the petitioner to approach Appellate Court for proceeding with Regular Civil Appeal No.30 of 2011 finally. On such application being made, the learned Principal District Judge, is requested to proceed with the matter and preferably dispose of the same within three months from the receipt of this order.
4. In the above premise, the Petition stands disposed of accordingly.
5. Direct Service permitted.
(Ms.SONIA GOKANI, J) MEHUL Top